Source · IOPC Learning Case

Man dies after becoming unwell in custody - Essex Police, November 2017

Essex Police Ref: 2017/095210 Recommended 2 Sep 2019 Response due 28 Oct 2019

Custody and detention Death and serious injury

Case background

Text published by the IOPC.

On 19 November 2017, Essex Police stopped a man in South Ockendon. He was searched, then his vehicle was searched, and he was arrested for possession of class A drugs with the intent to supply. The man was taken to Grays custody suite and placed in a holding cell. A short time later the man became unwell. The custody sergeant called for a medical professional to see him. The medical professional and the officers carried out first aid, and an ambulance was called. The man was taken to hospital, where he later died. A post-mortem concluded the man had died from cocaine toxicity.

During the investigation, investigators collected CCTV, witness statements, and policies. Forensic analysis on some evidence was also conducted. There was no CCTV footage or body-worn video footage of the search.

During the investigation, conduct was identified for two of the officers involved relating to the search of the man and risk assessment, and the handling of evidence. We interviewed both under misconduct caution.

Evidence indicated that drugs were recovered from the man’s car. A tin containing drugs was later found in the man’s holding cell. Following the man’s death a ripped plastic bag was found in his jacket pocket that contained traces of drugs, and what appears to be the other half of the plastic bag was found in the rear of the police car that the man had been transported in.

Based on the evidence available, we were of the opinion that a reasonable tribunal, properly directed, could find, on the balance of probabilities, that one officer’s search of the man had not been thorough; that the officer’s risk assessment may have been flawed, as the man appeared to have ingested cocaine during his search and arrest; and that the officer may have failed to provide adequate care and attention to the man by leaving him unattended. We were of the view that there was sufficient evidence upon which a reasonable tribunal, properly directed, could find gross misconduct for the officer.

We found no indication of misconduct for the other officer regarding their handling of evidence.

We completed our investigation in August 2018. We also made some learning recommendations to the force (see below).

After reviewing our report Essex Police determined that the officer had a case to answer for misconduct only.

After the inquest into the man’s death had taken place, in spring 2019, Essex Police revised their determination to no case to answer for the officer. We recommended to Essex Police that they reassess their case to answer to misconduct, which the force agreed to, after additional exchange of views.

The officer attended a misconduct meeting in autumn 2019. At the meeting, the chair of the panel found the allegations that the officer had failed to take into consideration the potential risks and to adequately search the man to be not proven.

The chair of the panel found the allegation that the officer had not provided the man with adequate care and attention to be proven. The officer received a first written warning.

Recommendations and responses

2 indexed

Recommendation 1

Link to recommendation · Accepted

Addressed to: Essex Police

Linked bodies: Essex Police

IOPC recommendation

Our investigation into the death of a man following his detention at Grays Police Station found that there was not full CCTV coverage of the holding cell in which he had been placed. This was because the CCTV camera in the holding area did not include, within its coverage, sight into the individual holding cells. This issue was also highlighted by the coroner following the inquest into the man's death, who issued a Prevention of Future Deaths Report, noting it is essential to see what is happening within the holding cells when a prisoner is detained in one of them. Essex Police should ensure that there is comprehensive CCTV coverage of all holding cells in Grays Police Station.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

This recommendation is wholly accepted by Essex Police. Mitigation for the temporary lack of camera coverage across Essex Police custody facilities is currently in place through the use of signage for officers and staff indicating coverage gaps and encouragement of the appropriate use of extensive Body Worn Video devices for evidence capture. A wider programme of CCTV replacement and upgrade throughout the custody facilities, resulting from the October 2017 review, is scheduled to commence in 2020. The works required by this recommendation will take priority in that programme and have been commenced. ‘Comprehensive’ coverage is interpreted as full video, unobstructed views (without audio recording), in every holding cell in operational custody facilities. Essex Police are currently trialling two methods (dual angle and domed view cameras) to deliver this. The trial is taking place at Southend custody, following which, a data protection impact assessment will be completed for all new required camera sites to run concurrently with the procurement process. The work programme will take place in the following order to be cognisant of wider estate works across the force and in order to maintain the operational availability of custody facilities to service arrest demand. Southend, Grays, Basildon, Colchester, Chelmsford, Harlow and then Clacton. All works on CCTV coverage of holding cells are anticipated to be completed by April 2020 for operational custody facilities.

Check the original case on the IOPC website

Recommendation 2

Link to recommendation · Accepted

Addressed to: Essex Police

Linked bodies: Essex Police

IOPC recommendation

An investigation into the death of a man following his detention at Grays Police Station found that there was not full CCTV coverage of the holding cell in which he had been placed. This was because the CCTV camera in the holding area did not include, within its coverage, sight into the invidual holding cells. A previous IOPC investigation, into an incident in which a man self-harmed in a holding cell in Basildon Police Station, found that there was not full CCTV coverage of the holding cell in which he had been placed. Following that investigation, the IOPC recommended the CCTV camera at Basildon Police Station needed to be moved, or the direction it was pointing repositioned, to see wider coverage of the holding cell area. In October 2017, Essex Police stated that they would look to review CCTV coverage within these areas as part of a CCTV improvement plan being undertaken. Essex Police should ensure that there is comprehensive CCTV coverage of all holding cells in Essex Police custody suites.

Response published by the IOPC

Do you accept the recommendation?

Yes

Accepted action:

Check the original case on the IOPC website